Guidance from the old leaflet "Using the Law to protect your Information" states "usually not more than £10" and we usually go along with that here unless it is Social Work/Education records as we provide Open Access.
Regards,
Doreen
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Simon Howarth
Sent: 01 November 2010 14:21
To: [log in to unmask]
Subject: Re: Access to children's data
I agree with Paul on this.
In respect to charging, whilst I could see £10 being reasonable, I would say that to try and charge £40 would come across as quite petty. I realise the need to cover costs, or at least try to negate some of the cost, but the balance should be in favour of the individual in this case, I believe.
Plus, my brain immediately places on that family a stereotype of them probably not being particularly well off. That might just be me...
Simon.
-----Original Message-----
From: This list is for those interested in Data Protection issues [mailto:[log in to unmask]] On Behalf Of Paul Ticher
Sent: 01 November 2010 11:36
To: [log in to unmask]
Subject: Re: [data-protection] Access to children's data
Provided the mother has parental responsibility for the children, then she
can make a Subject Access Request on their behalf, and should be given the
same information that the children would be given if they made the
application in their own right.
That would mean that you should not withhold the information you suggest, as
the children are not third parties to themselves (as it were). However,
there may be grounds for withholding under SI 2000 No. 415, the Data
Protection (Subject Access Modification) (Social Work) Order.
Since everyone is an individual, with their own individual rights, you
should technically treat this as four separate SARs. Not sure I would try
to charge four fees though.
Paul Ticher
0116 273 8191
22 Stoughton Drive North, Leicester LE5 5UB
----- Original Message -----
From: "Brenda Scourfield" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 28, 2010 2:31 PM
Subject: Access to children's data
A mother has made a SAR for her data and that of her children - they are all
under 8 years old. This is a Social care case. I would say the children are
too young to give their permission to disclose or make a request themselves.
Is she entitled to copies of their data, usual third party stuff withheld
without permission ? I would think we should also withhold any statements or
the like made by the children that she is not aware of, should they exist.
Also, would you treat this as 4 SARs and charge accordingly ?
Many thanks for any advice
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